haochouchak
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  • haochouchak
    University: Shanghai University of Finance and Economics
    Nationality: Chinese
    October 4, 2020 at 2:28 pm

    The author suggests that laws should be circumstantial when they are implemented in different situations. From my perspective, the legal code should be unbiased and determined that gives no room for compromising.

     

    For society, rigid law is necessary to follow whatever the circumstances are. Social fairness is too vulnerable to balance, while the interpretations of laws are changing over time. For example, the strict implementation of a harsh law is a big menace to the corrupted officials that use their privilege to work for their self-interest. To avoid spending the rest of life in jail, those officials are likely to sway the judge to adopt less harmful adjudication. With the flexible interpretation of juridical regulation and the pressure from the upper class, it is also possible that the vicious people eventually get rid of the punishment that they deserved. It would ruin the public confidence on juridical system and undermine the vulnerable social fairness. Therefore, rigid laws are necessary for society.

     

    For individuals, flexible laws may lead to an inaccurate understanding of articles. People are likely to be confounded by the uncertain judicial interpretation and therefore obey the articles in their own ways. Crimes like the fraud is one of the vivid examples. Since some behaviours require intense use of disguises similar to the measures applied in fraud, the businessmen are concerned with the uncertainty that laws are not limited in a clear scope. They have to earn a living in the vicinity of violating the regulations. If the article itself is less flexible, individuals may benefit from the transparent boundary of law that they can make essential decisions without hesitation.

     

    Although laws should be flexible enough in the development of society to some extent, the law should not be frequently revised because it would undermine the credibility and authority of law. Some regulations that relate to economic growth and industrial policy should be keeping up with their paces. With the development of the economy, some new industry emerge and new business model is introduced. The outdated laws may impede the development of business sector. E-commerce used to be treated as a kind of smuggling. This business enjoys a significant growth after most of the countries legalizing this act.

     

    In sum, some changes are justifiable to accommodate regulation to a developing society. Meanwhile judges should consider some measures of the consistency and predictability in law. It is not only for the overall well-beings, but also for the convenience of individuals.

    haochouchak
    University: Shanghai University of Finance and Economics
    Nationality: Chinese
    September 26, 2020 at 2:47 pm

    The author suggests that laws should be circumstantial when they implemented in different situations. From my perspective, the legal code should be unbiased and determined that gives no room for compromising.

    For society, rigid law is necessary to follow whatever the circumstances are. Social fairness is too vulnerable to balance while the interpretations of laws are changing over time. For example, the strict implementation of a harsh law is a big menace to the corrupted officials that use their privilege to work for their self-interest. To avoid spending the rest of life in jail those officials are likely to sway the judge to adopt less harmful adjudication. With the flexible interpretation of laws and the pressure from the upper class, it is also possible that the vicious people eventually get rid of the punishment that they deserved. This would ruin the public confidence toward judicial system and undermine the vulnerable social fairness. Therefore, rigid laws are necessary for society.

    For individuals, flexible laws may lead to inaccurate understanding of articles. People are likely to be confounded by the unstable judicial interpretation and therefore obey the articles in their own ways. Crimes like fraud is one of the vivid examples. Since some behaviours are required intense use of disguises that are similar to the measures that are applied in fraud, the businessmen are concerned with the uncertainty that laws are not limited in a clear scope. They have to earn a living in the vicinity of violating the laws. If the article itself is less flexible, the majority of individuals may be benefit from the clear boundary of law that they can make important decisions without hesitation.

    Although to some extent which laws should be flexible enough to the development of society, the law should not be frequently revised because it would undermine the credibility and authority of law. Some laws that relate to economic growth and industrial policy should be keeping up with their paces. With the development of economy, new industry arises and new business model is introduced. The outdated laws may impede the development of business sector. E-commerce is used to be treated as a kind of smuggle. This business enjoys a significant growth after most of countries legalizing this act.

    In sum, certain changes is justifiable to accommodate laws to a developing society. Meanwhile some measures of the consistency and predictability in law should be considered seriously. This is not only for the overall well-beings, but also for the convenience of individuals.